On September 23, we told you about the struggles of a process server who was trying to serve a lawsuit on Scientology leader David Miscavige. Despite the best efforts of the security guards at the Hollywood Guaranty Building to keep the process server from getting anywhere near Miscavige, he managed to succeed under California law by making three attempts and then mailing a copy to the Scientology honcho.
The clock then began ticking for Miscavige to do something after all the time he’s spent ignoring the lawsuit filed in May by the National Association of Forensic Counselors.
The NAFC accuses Miscavige and Scientology of a years-long conspiracy to misuse the credentialing organization’s logos and certifications in order to make Scientology’s drug rehab network, Narconon, appear more legitimate than it is. The lawsuit names 82 defendants, and since the suit was filed in federal court in Oklahoma, those defendants have been scrambling to get representation and file motions to dismiss or “special appearances.” In the latter, a defendant argues that the court has no jurisdiction over them.
And that’s what Miscavige did Wednesday with time running out to submit some kind of response after being served last month. Besides filing a notice that he was entering a special appearance, Miscavige also asked for a time extension so that he could provide a more complete response on October 31.
We wonder if what Miscavige will file that day will look something like his response in another special appearance, which he submitted as a defendant in the harassment lawsuit filed by Monique Rathbun in Texas. Miscavige argued that he should be let out of the suit because he had nothing to do with Monique’s harassment, and because he had no business dealings in Texas.
It will be tougher for Miscavige to argue that he had no business dealings in Oklahoma, because that’s where the flagship facility of the Narconon network is, Narconon Arrowhead. But his attorneys usually come up with something creative. It should be a fun trick or treat.
In other legal news, we’re still waiting to hear what the Texas Third Court of Appeals decides in Scientology’s appeal of its anti-SLAPP motion, which was denied by Comal County Judge Dib Waldrip. Oral arguments were heard on that appeal on September 24, but on Friday last week, Scientology submitted a motion asking the justices to consider a few things based on what came up during that oral hearing.
Scientology, for example, isn’t happy with Leslie Hyman’s clever argument that Monique’s allegations of Scientology spying on her amount to felony stalking. So the church has asked the justices to consider the stalking statute as well as a couple of other court cases (one involving Marc and Claire Headley). That Scientology, always wanting to get the last word.
We continue to wait for the appeals court to rule, and it may be a few more months.
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Posted by Tony Ortega on October 17, 2014 at 07:00
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